Child Custody and Support Dispute
The client is dealing with issues regarding child custody and child support in Western Australia. They have concerns that the mother of their child is limiting their access to their daughter while still seeking financial support from them. This situation has persisted since the child's birth, and there are currently no formal custody or child support arrangements established between the two parents. The client is seeking clarification on their legal rights and available options in this situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps should I take to establish a formal child custody arrangement in Western Australia?
To establish a formal child custody arrangement, you should first consider attempting mediation with the child's mother to reach an amicable agreement. If mediation is not successful, you may need to apply for a Child Arrangements Order through the Family Court. This order will outline who the child will reside with and the visitation schedule. A family law professional can provide guidance throughout this process.
How can I ensure that my contributions for child support are properly documented?
To ensure your child support payments are documented correctly, utilize traceable payment methods such as bank transfers. Retain copies of all payment confirmations and any communication about child support, including informal agreements. You might also consider using a formal service to manage child support payments and provide official records.
What rights do I have as a father regarding accessing and visiting my daughter?
As a father, you have the right to seek contact with your child. The law prioritizes the child's welfare and encourages both parents' involvement in their life. Unless stated otherwise by a court, both parents share parental responsibility, which includes the right to be informed about decisions regarding the child. If you want to formalize this right, you may need to apply for a Child Arrangements Order through the family court.
What legal options are available if the mother of my child continues to prevent me from seeing my daughter?
If the mother is not allowing you to see your daughter, one option is to apply for a Child Arrangements Order through the Family Court, which will legally outline the terms of contact between you and your child. Before applying, you typically must attend a Mediation Information and Assessment Meeting to evaluate whether mediation can resolve the issue without court intervention.
Can I request a reduction or adjustment in child support if I am not allowed to see my daughter?
In Australia, child support and visitation rights are treated as separate issues. You are still obligated to pay child support regardless of access to the child. However, if your financial situation changes significantly, you can request a reassessment of your child support obligations.
